Review of proceedings. ADMINISTRATION. See "Appeal"; "Certiorari"; "Justices of the Of estate of decedent, see "Executors and Ad- and severance. ministrators." Of estate of ward, see "Guardian and Ward," Of trust property, see "Trusts," § 3. ADMISSIONS. Suits in equity to set aside a deed and will As evidence, see "Evidence," § 3. v. Bruen (Sup.) 180. ADVERSE POSSESSION. Code Civ. Proc. § 484 held not to authorize See "Limitation of Actions." the joinder of causes of action for penalties for violations of Agricultural Law, Laws 1893, ADVERTISEMENT. 3. Commencement, prosecution, and Official newspapers, see "Newspapers." termination. Under Code Civ. Proc. § 611, it was improper An order staying trial of an action by de- AFFIDAVITS. See "Depositions." Particular proceedings or purposes. Proceedings for public improvement in city, AFTER-ACQUIRED TITLE. Estoppel to assert, see "Estoppel," § 1. AGENCY. A motion to stay an action to foreclose a ACTION ON THE CASE. See "Trespass," § 2. ADEQUATE REMEDY AT LAW. ADJOINING LANDOWNERS. *Where an owner of land removed the lateral ADJUDICATION. Operation and effect of former adjudication, AGREED CASE. Submission of controversy to court, see "Sub- AGREEMENT. See "Contracts." AGRICULTURE. Joinder of causes of action for penalties for ALIENATION. Suspension of power of alienation of property, ALIMONY. See "Divorce," § 3; "Husband and Wife," § 3. • Point annotaced. See syllabus. AMENDMENT. and 131 New York State Reporter Of particular legal proceedings. See "Judgment," § 3; "Pleading," § 6. In municipal court, see "Courts," § 1. the payment of costs.-Terriberry v. Mathot (Sup.) 20. *A reversal cannot be had on a ground of exception to which the attention of the trial court was not specifically directed.-Coles v. Interur Pleading in action for slander, see "Libel and ban St. Ry. Co. (Sup.) 289. Pleading in equity, see "Equity," § 2. AMOUNT IN CONTROVERSY. Jurisdictional amount, see "Courts," § 1. ANNULMENT. Of will, see "Wills," § 3. ANSWER. In pleading, see "Pleading," §§ 3, 4. APPEAL. See "Certiorari"; "New Trial." Costs in action after remand by appellate court, see "Costs," § 1. Review of condemnation proceedings, see "Eminent Domain," § 3. Review of criminal prosecutions, see "Criminal Law," § 4. Review of proceedings of justices of the peace, see "Justices of the Peace," § 2. Review of proceedings of municipal court, see "Courts," § 1. § 1. Decisions reviewable. An order denying defendants' motion for costs of plaintiff's motion to amend the complaint is not appealable.-Abrahams v. Finkelstein (Sup.) 987. *Where a defendant has appeared in an action and afterwards permits default judgment against him, he cannot appeal from the judgment.-Levenson v. Arnold (Sup.) 990. § 2. Right of review. Act of special guardian of incompetent in accepting payment of allowance for services held not a waiver of his right to appeal from decree settling the accounts of the committee of the incompetent.-In re Edwards (Sup.) 185. The aldermen held parties aggrieved within Code Civ. Proc. § 1294, and entitled to appeal from an order restraining the common council from proceeding with an election to fill a vacancy caused by resignation of an alderman.Koster v. Coyne (Sup.) 433. § 3. Presentation and reservation in lower court of grounds of review. The determination of the trial court that there has been a mistrial cannot be reviewed where the only error alleged is that the court erred in granting a new trial conditionally on Where no opposition was made to an amendment of a complaint, no exception taken, and no application for adjournment made, no question was raised for review.-Devery v. Winton Motor Carriage Co. (Sup.) 392. *In an action for attorney's services, defendants held not entitled to object on appeal to the amount allowed.-Burke v. Baker (Sup.) 768. A ruling denying a motion for judgment on the pleadings cannot be reviewed on appeal, where the ruling was not excepted to.-E. T. Burrowes Co. v. Rapid Safety Filter Co. (Sup.) 1048. Where, in an action on a contract, evidence of a waiver of one of its terms was admitted without objection, it could not be contended on appeal that this evidence was inadmissible be cause no waiver was pleaded.-E. T. Burrowes Co. v. Rapid Safety Filter Co. (Sup.) 1048. Where the question of the sufficiency of the complaint is not raised in the trial court, and the defect is one that can be cured by amendment, it is not available on appeal.-Russell v. Barron (Sup.) 1061. A party is not required to move to strike testimony erroneously admitted over objections. Tracey v. Reid (Sup.) 1074. In an action by a real estate agent for comheld sufficient to present a question as to missions, an exception to denial of a nonsuit whether the contract for the sale of the property was enforceable against the purchaser procured by plaintiff.-Van Allen v. Peabody (Sup.) 1119. 8 4. Requisites and proceedings for transfer of cause. Abbreviation in clerk's signature upon copy of judgment served upon defendant's attorney held insufficient to invalidate the notice of entry of judgment so as to preclude the setting in motion of the time for appeal.-Salzman v. Mandel (Sup.) 298. 5. Record and proceedings not in rece ord. *Point annotated. See syllabus. aban-access, aside from any consequential damages, The court cannot determine the merits on 7. Review. Where a complaint contained a contract count *In action for libel, decision on appeal held Where defendant's motion "to set aside the *Where the evidence bearing on a question *On appeal from a directed verdict, the ap- *Admission of evidence not materially affect- Refusal to instruct, in an action against a *An instruction that a carrier was bound to *In an action against a city for injuries to a Admission in evidence of certain affidavit of On the issue of election by a widow to take ARBITRATION AND AWARD. See "Reference"; "Submission of Controversy." *The right to recover damages stipulated by *An arbitration clause in a contract held no In an action for damages by the maintenance See "Bail." and 131 New York State Reporter ARREST. Complaint alleging fraud in the procuring of goods and affidavits in support thereof held sufficient to authorize the arrest of defendant, under Code Civ. Proc. §§ 549, 557.-Vorhees Rubber Mfg. Co. v. McEwen (Sup.) 942. A complaint alleging fraud in the procuring of goods held as good, though defectively verified, as an unverified complaint, and hence sufficient to support an arrest, under Code Civ. Proc. $8 549 557.-Vorhees Rubber Mfg. Co. v. McEwen (Sup.) 942. ASSESSMENT. Of compensation for property taken for public Of risk by employé, see "Master and Servant,” use, see "Eminent Domain," § 3. Of damages, see "Damages," § 4. Of expenses of public improvements, see "Municipal Corporations," § 6. Of tax, see "Taxation," § 2. Payment of assessment on premises demised, see "Landlord and Tenant," § 4. ASSIGNMENTS. For benefit of creditors, see "Assignments for Benfit of Creditors." Fraud as to creditors, see "Fraudulent Conveyances." Right of assignee of bond to recover against surety, see "Principal and Surety," 8 1. $$ 6, 7. Of risk by passenger, see "Carriers," § 2. ATTACHMENT. See "Execution." Exemptions, see "Exemptions." § 1. Nature and grounds. *Plaintiffs in an action on contract held entitled to an attachment, though both parties are nonresidents.-Bridges v. Wade (Sup.) 156. 2. Proceedings to procure. A complaint for fraud and misrepresentations held not to allege any proper measure of dam ages, and insufficient to sustain an attachment.-Downing v. Nelson (Sup.) 1005. Transfers of particular species of property,§ 3. Proceedings to support or enforce. rights, or instruments. See "Insurance," § 4; "Landlord and Tenant," § 2; "Mortgages," § 1. Assets of insolvent corporation, see "Corporations," § 5. Contract of sale, see "Sales," § 2. § 1. Actions. *Where plaintiff had transferred her entire cause of action to a coplaintiff, prior to commencing the action, the complaint was demurrable for misjoinder of parties plaintiff.-Alexander v. City of Gloversville (Sup.) 198. A complaint and affidavit held sufficient to sustain a warrant of attachment.-Jones v. Hygienic Soap Granulator Co. (Sup.) 104. § 4. Quashing, vacating, dissolution, or abandonment. *The court will not consider the merits of the action on a motion to vacate an attachment.-Jones v. Hygienic Soap Granulator Co. (Sup.) 104. ATTORNEY AND CLIENT. Attorneys in fact, see "Principal and Agent." Change of attorney in surrogates' court, see "Courts," § 2. *Point annotated. See syllabus. Documents of attorney as evidence, see "Evi- | his knowledge, by his client.-Oishei v. Metro- Enforcement of lien of attorney against execu- Liability of attorney for contempt of court, see Power of probate court to enforce lien of at- Questions presented for review in action for f 1. Retainer and authority. An attorney held not the agent of the person *A party has the absolute right to change his *Under rule 10 of the general rules of practice, § 2. Duties and liabilities of attorney *Statement of what an attorney must show to 3. Compensation and lien of attor- ney. *An attorney held to have no lien for costs, In an action for attorney's services, evidence *The amount contracted to be paid for at- Evidence held insufficient to establish a con- AUTHORITY. Of agent, see “Principal and Agent," § 1. BAIL. § 1. In criminal prosecutions. *Under Code Cr. Proc. § 568, a recognizance BAILMENT. Where an attorney, under an agreement for a BANKRUPTCY. BANKS AND BANKING. In an action by an attorney involving a divi- See "Assignments for Benefit of Creditors." *An attorney has a lien for his compensation *The right of an attorney to a lien for his *Statement of right of an attorney, under Liability for payment of check as dependent on Trust in bank deposit, see "Trusts," §§ 1, 2. § 1. Functions and dealings. Check cashed by bank on strength of forged *Negligence of depositor in failing to dis- *Delay in suing a bank for paying a check |